The announcement last October that the Canadian Society of Muslims was preparing to launch a Muslim Arbitration Board in Ontario provoked an outburst of comment, both for and against. Many Canadians were aghast that shariah law (canon law in Islam) could be applied and enforced through Canadian courts.

In 1991, the Ontario government revised the Arbitration Act to allow binding arbitration to be enforced through the courts. Binding arbitration allows people to go to an expert arbitrator to have their disputes resolved rather than having to go to court. It tends to be quicker and less expensive. It has the added advantage of being private where court proceedings are open to the public.

Binding arbitration is frequently used in family law situations so a couple can quickly resolve issues and get on with their lives. It is also frequently used by businesses to resolve contract and labour disputes. While arbitration is binding in the sense that an arbitrator makes a final decision that cannot easily be appealed, the choice to go to arbitration is voluntary.

The Canadian Society of Muslims seems to have launched the arbitration board mainly to apply Islamic personal law to family breakdown. One of the significant concerns raised by Muslim women, however, is that there will be a great deal of pressure put on them to use the board to resolve family law issues.

The women point to statements by Sayed Mutaz Ali, the man behind the board, who says that if Muslims do not use Islamic arbitration, then they "cannot claim [to] believe in Islam as a religion."

The Canadian Council of Muslim Women has also raised a number of other concerns about the Muslim Arbitration Board. They point out the Islamic family law does not treat women equally. They says there are many interpretations of Islamic law and it is not at all clear which will be applied by arbitrators.

Many aspects of Islamic personal law are inequitable towards women. Men can divorce their wives by saying "I divorce you" three times. Women, however, must obtain a religious divorce on the basis of wrongdoing by their husbands. A woman’s testimony is not considered equal to that of a man. Women are only given a maximum of three months spousal support as it is presumed that their families will support them after that. Women do not inherit equally with men.

Consequently, the Canadian Council of Muslim Women says, "we want the same laws to apply to us as to other Canadian women."

Some groups like the idea. The Toronto Star has been particularly supportive, pointing out that there are already rabbinical (Jewish) and canonical (Catholic) courts that apply religious family law.

Supporters also point to the fact that arbitration decisions can be appealed if they do not apply Ontario law. While this is true, arbitration decisions are rarely appealed. The grounds to appeal an arbitration are very narrow.

Even some Muslim women say these family issues should be addressed within the Muslim community. Jasmine Zine, professor at the University of Toronto, believes the Muslim Arbitration Board is here to stay. But she says, "Muslim women are the ones who need to address this within our own community."

Marion Boyd, who served as Ontario’s Attorney General, Minister Responsible for Women’s Issues, Minister of Education, and Minister of Community and Social Services under Bob Rae, is currently reviewing the arbitration process and protection for vulnerable persons.

Boyd is very concerned about equality for women. But, she recognizes that people should have the right to make their own decisions about their lives. She says, "Couples that are separating often make decisions that are not in their best long-term interests. It is not just religious people that accept inequality." But with Muslim women asking for assurances of equal treatment under the law, it is likely that Boyd will recommend some legal protection for vulnerable women.

The Evangelical Fellowship of Canada participated in this review, raising concerns about Canadian courts applying religious law. Canadian courts have said they will not make decisions about religious doctrine but this will put these issues squarely before the courts. Boyd is to deliver a report to Premier Dalton McGuinty in September.

Janet Epp Buckingham is director of Law and Public Policy and general legal counsel for the Evangelical Fellowship of Canada in Ottawa.